FTC Expands Scope of FTC Act Section 5 Enforcement | Practical Law
The Federal Trade Commission (FTC) issued a statement summarizing its views on the scope of Section 5 of the FTC Act (15 U.S.C. §45), entitled the Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act. The FTC adopts a broad view of the range of conduct that can be challenged as unfair competition under Section 5. The policy statement supersedes all prior FTC statements and guidance on Section 5, including a 2015 policy statement which adopted a much narrower view of Section 5's scope, and which the FTC withdrew in 2021.